Is a realestate contract binding or void if the lender does not sign the borrowers copys?
Posted on June 5th, 2011 by admin
I helped my daughter purchace her first home. After one year she was unable to continue making her mortgage payments. We tried to get a loan modification but was denied. I reviewed the contract and noticed that the lender did not sign any of the documents.
The contract of sale would be signed by buyer and seller- not by mortgage company. Even if some of the contract paperwork is not binding for some reason- the fact that your daughter signed the closing documents shows that she was OK with what had been agreed.
If you are talking about loan documents that she got at closing- she may have gotten copies that were not yet signed by mortgage company at closing. She could have gotten copies later that had signatures- or the signed ones may have been sent directly to county. It is possible someone made a bad mistake- but not very likely. You would have to hire a good local real estate lawyer to get a good idea.
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